AGR-7631.B - KOSMONT & ASSOCIATES INC - PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES - MARCH 12, 2024DocuSign Envelope ID: 1018B9EC-4C7A-4421-9C39-A9DF55C3888A
DS
AGR-7631.E 57-
PROFESSIONAL SERVICES AGREEMENT
Economic Development Services]
111
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 12th day of March 2024 (the"Effective Date")by and
between the CITY OF ORANGE, a municipal corporation ("City"), and KOSMONT &
ASSOCIATES, INC., a California corporation("Contractor"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
2.Compensation and Fees.
a.Contractor's total compensation for all services performed under this
Agreement, shall not exceed FIFTY-NINE THOUSAND FIVE HUNDRED DOLLARS and
00/100 ($59,500.00)without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3.Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c.Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
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4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A,"shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
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10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
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16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
Contractor further agrees that it shall not be eligible to work as the design/build firm for the project
that is the subject of this Agreement.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City (collectively the"Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss,injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability
arising out of any claim, loss, injury to or death of persons or damage to property to the extent
caused by its negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
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d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force for
a period not to exceed four(4)years.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f.The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
g. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
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shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
h. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
i.Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
j.Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
k. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
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21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works," as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally,to perform work under this Contract,
Contractor must meet all State registration requirements and criteria, including project compliance
monitoring.
c.Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
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change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for,of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3)days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Kosmont&Associates, Inc. City of Orange
1601 N. Sepulveda Blvd.,#382 300 E. Chapman Avenue
Manhattan Beach, CA 90266 Orange, CA 92866-1591
Attn.: Ken K. Hira Attn.: City Manager
Telephone: (949)226-0288 Telephone: (714) 744-2222
E-Mail: kosmont@kosmont.com E-Mail: cminfo@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
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instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
KOSMONT&ASSOCIATES, INC., CITY OF ORANGE, a municipal corporation
a Cali ornaaQration DocuSigned by:
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By: `_OQOAA4Rn7anrAA7 By• 02D88B777A20417
Printed Name: Ken K. Hira Daniel R. Slater, Mayor
Title: President
DocuSigned by:
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ATTEST:O A A AF1By: 80 8 8C
Printed Name: Kelly Aguilar DocuSigned by.
Title: Corporate Secretary Cl DB2BEDCB8BEF43A..
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
CDocuSigned
by:
hat. Ui iititta.
08DB01F3876E498...
Mike Vigliotta, City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND(2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
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kosmon .
companies
since 1986
Memorandum
To:City of Orange
Aaron Schulze, Economic Development Manager
From: Kosmont Companies
Ken K. Hira, President
Joseph Dieguez, Senior Vice President
Date: February 16, 2024
RE: Kosmont Companies Work Plan for EIFD Implementation Advisory
I. BACKGROUND
Pursuant to a Professional Services Agreement between the City of Orange ("City" or"Client") and
Kosmont Companies ("Kosmont" or "Consultant") dated November 28, 2023, Kosmont has
prepared a Feasibility Study for an Enhanced Infrastructure Financing District ("EIFD") within the
City. Based on feedback from the City on related findings, staff has indicated potential interest in
assistance from Kosmont for potential implementation of an EIFD, subject to analysis refinement
and future City Council feedback and guidance. Kosmont proposes the following Work Plan
accordingly.
II. WORK PLAN
Task 1: Stakeholder Outreach and Resolution of Intention (ROI)
Kosmont will assist the City with outreach to public and private sector entity stakeholders,
potentially including, but not limited to:
County of Orange ("County") Executive Office / Auditor-Controller / Treasurer / Tax
Collector/ Property Tax Manager/ Economic Development/ Public Works staff
County Board of Supervisors
Major district area property owners, businesses, and/or registered voters.
Kosmont will accordingly assist with preparation and presentation of EIFD analysis materials as
appropriate for such outreach. Based on stakeholder feedback, Kosmont will refine preliminary tax
increment projections and related funding and financing analysis.
The goal of this Task is to receive direction/confirmation on focus area boundaries and which taxing
entities would proceed with EIFD formation initially, recognizing that other taxing entities may join
Kosmont Companies
Mailing Address:1601 N.Sepulveda Blvd.,#382 424)297-1070 Physical Address:2301 Rosecrans Ave.,#4140
Manhattan Beach,CA 90266 www.kosmont.com El Segundo,CA 90245
DocuSign Envelope ID: 1018B9EG-4C7A-4421-9C39-A9DF55C3888A
FA!City of Orange
Kosmont Work Plan for EIFD Implementation
kOS1110n February 16,2024
companies
in a subsequent year. Kosmont will assist with determination of refined district boundaries and
governing Public Financing Authority ("PFA") board composition as required for adoption of the
Resolution of Intent ("ROI")to initiate district formation proceedings.
Kosmont will assist City staff and the City Attorney's office(and potentially County staff and County
Counsel) with the preparation of requisite documentation for the ROI, including certification of
completion of redevelopment dissolution prerequisites. Kosmont will assist with coordination and
presentation at the required meeting(s) of the City Council (and potentially also County Board of
Supervisors) to adopt the ROI and will assist with required noticing of the ROI following the
legislative body actions.
Task 2: Fiscal and Economic Impact Analysis
Kosmont will prepare an analysis of fiscal revenues (e.g., property tax, sales tax), fiscal
expenditures (e.g., police, fire, community service costs), and the resulting net fiscal impact to the
City general fund (and potentially also County general fund)from potential district implementation,
as required by EIFD law. It is additionally anticipated that the County may wish to review such
analysis as part of potential partnership discussions.
Task 3: Infrastructure Financing Plan (IFP) Preparation
Kosmont will collaborate with City staff and appropriate third-party consultants (e.g., special
counsel, engineering / surveying consultants) on the preparation of the required Infrastructure
Financing Plan ("IFP") and related appendices. The IFP must include a legal description of district
boundaries, public improvements to be implemented, location, timing, and costs of development
and financial assistance, finalized tax increment projections, intention to incur debt (e.g., bonds),
district termination date, taxing entity fiscal impact analysis (included in Task 3), and replacement
housing obligations. Kosmont will assist City staff (e.g., Clerk's office) in the required distribution
of the IFP to property owners within the EIFD and to affected taxing entities. Kosmont will assist
the City in drafting and coordinating the required noticing (e.g., website, mailing, newspaper
notices) of the PFA meeting and hearings for IFP approval and EIFD formation.
Task 4: IFP Approval and EIFD Formation Hearings
Kosmont will assist in coordination, preparation, and presentation of required materials at the
required City Council and PFA meetings and hearings to approve the IFP and form the EIFD. While
Kosmont is not a law firm/attorney, we will provide draft content for required resolutions for review
by the City Attorney and/or special counsel. Kosmont anticipates two PFA public meetings, three
PFA public hearings, and one City Council meeting as part of this task (this budget assumes that
Kosmont will participate in-person for some meetings and virtually for others, as deemed mutually
appropriate by the City and Kosmont). Once the EIFD is successfully formed, Kosmont will assist
City staff in completing the required EIFD filings with the State Board of Equalization.
Kosmont Companies 2 I P a g e
424)297-1070
www.kosmont.com
Docusign Envelope ID: 1018B9EG-4G7A-4421-9C39-A9DF55C3888A
City of Orange
Kosmont Work Plan for EIFD Implementation
February 16, 2024kosmon
companies
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of this executed Work Plan agreement.
Kosmont anticipates a district formation timeline of approximately nine to 12 months.
It is assumed that the City Attorney's office or third-party special counsel will assist with review of
all legal documentation (e.g., ROI, resolution of formation). It is also assumed that the City will
assist via public works / engineering staff or third-party engineering / surveying consultant for the
preparation of the required map and legal description of EIFD boundaries. Kosmont is able to
recommend qualified firms as desired.
IV. BUDGET AUTHORIZATION
Compensation for Task 1 through Task 4 is estimated below for professional services (hourly)fees
at Consultant's billing rates as reflected in Attachment A.
Tasks
Estimated
Budget
1) Stakeholder Outreach and Resolution of Intention 15,000
2) Fiscal and Economic Impact Analysis 12,500
3) Infrastructure Financing Plan (IFP) Preparation 12,500
4) IFP Approval and EIFD Formation Hearings 19,500
Not-to-Exceed Professional Services (Hourly) Fees 59,500
Budget may be re-allocated between Tasks as may be needed to provide adequate services to
Client. Budget may be increased by Client at any time.
Kosmont Companies 31 P a g e
424)297-1070
www.kosmont.com
DocuSign Envelope ID: 1018139EC-4C7A-4421-9C39-A9DF55C3888A
City of Orange
Kosmont Work Plan for EIFD Implementation
kosmon February16,2024
companies
V.ACCEPTANCE AND AUTHORIZATION
Read, understood, and agreed to this
Day of 2024
City of Orange Kosmont &Associates, Inc.
doing business as "Kosmont Companies"
By: By:
Signature) Signature)
Name: Name: Larry J. Kosmont, CRE®
Print Name)
Its: Its: Chairman & CEO
Title)
Kosmont Companies 4 I P a g e
424)297-1070
www.kosmont.com
DocuSlgn Envelope ID: 1018B9EG-4G7A-4421-9G39-A9DF55G3888A
City of Orange
Kosmont Work Plan for EIFD Implementation
k Sm n February16,2024
companies
ATTACHMENT A
Kosmont Companies
2024 Public Agency Fee Schedule
Professional Services
Chairman & CEO 475.00/hour
President 395.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director 370.00/hour
Vice President/Project Advisor 250.00/hour
Senior Project Analyst 195.00/hour
Project Analyst/Project Research 175.00/hour
Assistant Project Analyst/Assistant Project Manager 150.00/hour
Project Promotion/Graphics/GIS Mapping Services 95.00/hour
Clerical Support 80.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support
and related administrative expenses will be charged, which will be computed at four percent
4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery
charges for messenger and overnight packages will be charged at cost.
3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai,
CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost.
4) If Kosmont retains Third Party Vendor(s)for Client(with Client's advance approval), fees and cost
will be billed to Client at 1.1X (times)fees and costs.
5) Consultant's attendance or participation at any public meeting, whether such participation is in
person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency
Board, other) requested by Client and are beyond those specifically identified in the Scope of
Work will be billed at the professional services (hourly)fees as shown on this Attachment A.
Charges for Court/Deposition/Expert Witness-Related Appearances
Court-related (non-preparation) activities, such as court appearances, depositions, mediation,
arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5
times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until December 31, 2024.
Kosmont Companies Pagee
424)297-1070
www.kosmont.com